• OC for flat in Bhivpuri - Karjat - Raigad - Maharashtra

Dear all,

I have purchased two flat in Samruddhi Complex - Bhivpuri - Karjat - Raigad - Maharashtra.
The builder gave possession of flat in 2012 and 2014. The builder provided one OC which according to recent news is not a valid as OC. OC (occupancy certificate) can be provided only by District Collector.

The builder Poddar Developers Ltd (now Poddar Housing) has cases against them for the same by one activist for various reasons including OC, water supply, conveyance, etc.
Another anomaly is that the flat is not constructed as per plan. I am unable to get a buyer due to the anomalies committed by the builder. 

What action can the individual flat buyer take to get the OC. What action can the buyer take against builder.

Thanks
Savio D'Cunha
Asked 1 month ago in Property Law from Karjat, Maharashtra
Religion: Christian

file complaint against builder before consumer forum seek orders to direct builder to obtain OC within stipulated period 

 

2) seek compensation for mental torture undergone by you and litigation costs 

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

You can file a consumer complaint and take a direction against the developer for OC

Prashant Nayak
Advocate, Mumbai
12939 Answers
23 Consultations

4.6 on 5.0

1. for Karjat area, you first need to check the Development control rules applicable for that area

2. as far as i recollect, the DC Rules for that region are different

3. as per the provision for OC in the DC rules for Raigad, there is a concept of Deemed OC. The builder has to apply to the competent authority for grant of OC and if within 21 days of that application, the authority does not reply, then OC is deemed to be granted

4. i am sure this project is not registered with RERA

5. So you cannot take recourse to RERA

6. However you will have to file a civil suit for water supply, discrepancies in plans, etc. in the civil court at Karjat

7. if the builder has his address in town, then a suit can also be filed against him in Mumbai civil court

8. for the conveyance, the society of flat purchasers has to apply u/s 11 of MOFA to the competent authority for grant of deemed conveyance 

9. i would like to see the OC which the builder had given to the flat buyers

Yusuf Rampurawala
Advocate, Mumbai
4459 Answers
25 Consultations

5.0 on 5.0

See a consumer complaint can be filed agaisnt builder for the compensation though same may be barred by limitation as you took flats in 2012 and 2014.

For OC you have to apply before the appropriate authority along with the approved plans fees and completion certificate.

Shubham Jhajharia
Advocate, Ahmedabad
19365 Answers
76 Consultations

5.0 on 5.0

1.  Simple and Best solution is to file a grievance petition before the local Consumer Court, against the builder, for his negligence, deficiency, malpractices, harassment, breach of trust, and seek court's directions to procure OC & Convey the property to Society /Association.  You would also be entitled to any damages, compensation, interest and other costs.

2.  Further subject to availability of documentary evidences and witnesses, criminal cases too can be filed against the builder.

Hemant Agarwal
Advocate, Mumbai
2430 Answers
14 Consultations

5.0 on 5.0

issue a legal notice through an advocate and file complaint before District Consumer Forum .for deficiency in service . Consumer forum will direct builder to obtain OC within period of 4 months or so and penalize builder for each day of delay if he fails to comply with order . Also award you compensation for failure on part of builder in obtaining OC.

Mohammed Mujeeb
Advocate, Hyderabad
10261 Answers
3 Consultations

4.5 on 5.0

You have absolute right to refuse possession and refund with interest without OC. And as per fresh notification, DM issued OC is only valid. 

Variation of construction to sanction plan - no OC will issue. Can approach consumer court/RERA for relief. Or can take possession, after that also you can file consumer complaint for OC and compensation. 

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

Complain to Rera authorities. Ask for necessary directions to the builder to provide you the valid OC. 

Kallol Majumdar
Advocate, Kolkata
1397 Answers
2 Consultations

5.0 on 5.0

Hi.

 

Straight away you can file consumer case against him before the Consumer Forum (Appropriate i.e., state/ national).

You can seek orders / instructions ffor obtaining OC.

You can also claim compensation for all the tension / trauma which you have undergone because of his acts.

 

S Srinivasa Prasad
Advocate, Hyderabad
760 Answers
6 Consultations

5.0 on 5.0

See you can book a consultation call to connect with the concerned advocate.

Shubham Jhajharia
Advocate, Ahmedabad
19365 Answers
76 Consultations

5.0 on 5.0

You can make payment online on the website for sending legal notice to the builder 

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

you can get my details from kanoon by calling on their number

Yusuf Rampurawala
Advocate, Mumbai
4459 Answers
25 Consultations

5.0 on 5.0

The buyer can drag the builder to the consumer forum for seeking compensation for the deficiency in service.

He can make a complaint against the builder before the RERA. 

But since you took possession in the year 2014, both the above situations may not be applicable or tenable in law.

You can give a cheating complaint against the builder with the local police, but even for that you have wasted more than 5 years, hence the police action also may not be very effective, in fact the police may not even entertain your complaint.

You may discuss with a local advocate on further proceedings and proceed.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

You can contact the chosen advocate of this forum by first contacting him through the details available in this forum.

 

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

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